Kansas Statutes Annotated

K.S.A. § 8-1009 (2026)

Determination by prosecuting attorney of whether diversion agreement to be allowed

✓ current as of May 2026

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8-1009. Determination by prosecuting attorney of whether diversion agreement to be allowed. (a) Upon the filing of a first complaint, indictment or information alleging a person has violated K.S.A. 8-1567, and amendments thereto, or a county resolution which prohibits the acts prohibited by that statute, and prior to conviction thereof, the district attorney or county attorney shall determine whether the defendant shall be allowed to enter into a diversion agreement in accordance with this act.

(b) Upon the filing of a first complaint, citation or notice to appear alleging a person has violated a city ordinance which prohibits the acts prohibited by K.S.A. 8-1567, and amendments thereto, and prior to conviction thereof, the city attorney shall determine whether the defendant shall be allowed to enter into a diversion agreement in accordance with this act*.

History: L. 1982, ch. 144, § 11; L. 2011, ch. 105, § 11; July 1.

Notes of Decisions

Cited in 2 cases, 1983–2001 · leading case: Prugue v. Monley, 28 P.3d 1046 (Kan. Ct. App. 2001).

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Prugue v. Monley, 28 P.3d 1046 (Kan. Ct. App. 2001). “See K.S.A. 8-1009. Prugue also argues Coyote’s was negligent in failing to supervise Monley.”

State v. Reves, 666 P.2d 1190 (Kan. 1983). “Section 11 (now K.S.A. 8-1009) directs when a prosecuting attorney is to make a determination of whether a diversion agreement is to be offered in a prosecution for a violation of either 8-1567 or an equivalent municipal ordinance.”

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